Overdue instrument

810 ILCS 5/3-304, under Enforcement Of Instruments.

810 ILCS 5/3-304

(810 ILCS 5/3-304) (from Ch. 26, par. 3-304)

    Sec. 3-304. Overdue instrument.

    (a) An instrument payable on demand becomes overdue at the earliest of the following times:

        (1) on the day after the day demand for payment is     duly made;

        (2) if the instrument is a check, 90 days after its     date; or

        (3) if the instrument is not a check, when the     instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.     (b) With respect to an instrument payable at a definite time the following rules apply:

        (1) If the principal is payable in installments and a     due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured.

        (2) If the principal is not payable in installments     and the due date has not been accelerated, the instrument becomes overdue on the day after the due date.

        (3) If a due date with respect to principal has been     accelerated, the instrument becomes overdue on the day after the accelerated due date.     (c) Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal.

(Source: P.A. 87-582; 87-1135.)